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Justifications
Protection of the public
Deterrence
Voluntary assumption of risk
'Not truly criminal'
Necessary for enforcement
Ease of proof
Prosecutorial discretion/judicial discretion
Criticisms
Lack of moral blameworthiness
Incompatible with fundamental mens rea
Deterrence not relevant if they took all reasonable steps
Voluntary assumption of risk a fiction
'Not truly criminal' then why charge?
Substantial penalties
Crassly utilitarian (Henry M Hart, The Aims of Criminal Law)
Identifying Strict Liability
Sweet v Parsley. Court will find mens rea even if it isn't mentioned.
CC v Ireland
Wilson J: "to inflict a grave injury on that person’s dignityand sense of worth" on the utilitarian nature.
Therefore unconstitutional by article 40.
After CC.
High court in particular unwilling to use CC.
Reilly v Patwell, held that a litter pollution act was strict liability.
Minister for Justice v Dolny, SC case and held strict liability for harm in interpretation of assault.
O'Connor v O'Neill Failing to give breath sample despite having a reason (asthma) was SL.
BUT DPP v Cagney gave some hint as to there should be a defence to the breath sample failure.
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